§ 138-24. Residential ROGO Allocations.

(a)

Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows:

Subarea	Number of Dwelling Units
Upper Keys	61
Lower Keys	57
Big Pine and No Name Keys	8
Total market rate	126
Affordable dwelling units
Very Low, Low, and Median Incomes	360*
Moderate Income	350*
*Includes one annually for Big Pine Key and No Name Key.

 

 

ROGO Year	Annual Allocation
	Market Rate	Affordable Housing
July 13, 2013—July 12, 2014	126 U: 61, L: 57, BPK/NNK: 8	71
July 13, 2014—July 12, 2015	126 U: 61, L: 57, BPK/NNK: 8	71
July 13, 2015—July 12, 2016	126 U: 61, L: 57, BPK/NNK: 8	71
July 13, 2016- July 12, 2017	126 U: 61, L: 57, BPK/NNK: 8	497 total AFH (total available immediately)
July 13, 2017—July 12, 2018	126 U: 61, L: 57, BPK/NNK: 8
July 13, 2018—July 12, 2019	126 U: 61, L: 57, BPK/NNK: 8
July 13, 2019—July 12, 2020	126 U: 61, L: 57, BPK/NNK: 8
July 13, 2020—July 12, 2021	126 U: 61, L: 57, BPK/NNK: 8
July 13, 2021—July 12, 2022	126 U: 61, L: 57, BPK/NNK: 8
July 13, 2022- July 12, 2023	126 U: 61, L: 57, BPK/NNK: 8
TOTAL	1,260	710*
*(includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)

 

The State of Florida, pursuant to Administration Commission Rules, may modify the annual allocation rate. By July 12, 2018, if substantial financial support is provided by State and Federal partners, the County may reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations. If necessary, Monroe County will request a Rule change from the Administration Commission to authorize an alternative allocation timeframe and rate.

(1)

Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate residential ROGO allocations available per ROGO year. Affordable ROGO allocations shall be available for countywide allocation except for Big Pine Key and No Name Key. The allocations for Big Pine Key and No Name Key shall be limited to maximums established in Big Pine Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat Conservation Plan.

(2)

Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market rate housing residential ROGO allocations available per ROGO quarter determined by the following formula:

a.

Market rate residential ROGO allocations available in each subarea per quarter is equal to the market rate residential ROGO allocations available in each subarea divided by four.

b.

Affordable housing residential ROGO for all four ROGO quarters, including the allocations available for Big Pine Key, shall be made available at the beginning of the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all remaining affordable housing residential ROGO allocations shall be made available for award.

(3)

Ratio of very low income, low income, and median income allocations to moderate income allocations. The Planning Commission may amend these proportions for affordable housing during any ROGO quarter.

(4)

Big Pine Key and No Name Key.

a.

All allocation awards on Big Pine Key and No Name Key are subject to the provisions of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered species, which may affect ROGO allocations under this article.

b.

In the Big Pine Key/No Name Key sub-area the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his property may be granted an allocation through the ROGO process that may be used once that property owner obtains all required permits and authorizations required under the Endangered Species Act and other applicable federal and state laws. The allocation will remain valid so long as the applicant diligently and in good faith continues to work with USFWS to conclude the coordination and pick up a building permit.

(5)

Limit on number of allocation awards in Tier I.

a.

Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall be no more than one (1) every two (2) years.

b.

Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more than three (3).

c.

Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more than three (3).

(b)

Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for:

(1)

The county housing authority, nonprofit community development organizations, pursuant to Section 139-1(e), and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies;

(2)

Specific affordable or employee housing projects participating in a federal/state housing financial assistance or tax credit program or receiving some form of direct financial assistance from the county upon written request from the project sponsor and approved by resolution of the BOCC;

(3)

Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit organizations above upon written request from the project sponsor and approved by resolution of the BOCC;

(4)

Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC;

(5)

Specific affordable or employee housing projects by any entity, organization, or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not-for-profit community development organization, or any other entity approved by the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; or

(6)

Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the BOCC.

(c)

Affordable housing allocation awards and eligibility.  

(1)

The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.

(2)

Any portion of the affordable housing allocation not used for affordable housing at the end of a ROGO year shall be made available for affordable housing for the next ROGO year.

(3)

No affordable housing allocation shall be awarded to applicants located within a Tier I designated area, within a V-zone on the county's flood insurance rating map, or within a Tier III-A (special protection area) designated area.

(4)

Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No affordable housing allocation may be used on No Name Key.

(d)

Dwelling unit allocation required. The county shall issue no building permit for a dwelling unit unless such dwelling unit:

(1)

Has a dwelling unit allocation award; or

(2)

Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed vested pursuant to Section 138-22.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)